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10,000 rules that have tried ­‑ and failed – to kill trade in the East African Community, By Charles Onyango-Obbo

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During the week, the business press in Nairobi, quoting a government paper, reported that Kenya and Tanzania had resolved 23 problematic regulations that slowed down trade between the two countries since President Samia Suluhu Hassan visited Kenya in May 2021.

The non-tariff barriers (NTBs) ranged from rules on licences to quotas, embargoes, foreign exchange restrictions and import deposits. The reports made the point that a lot of progress had been made.

It can be difficult to imagine that there were still as many as 23 rules hindering trade between two East Afriacan Community economies, but that is if you haven’t heard the full story.

The resolution of those 23 squabbles brought the number of cumulative NTBs that were sorted and eliminated to 256 by end of June 2022.

Those 256, however, are not even the tip of the iceberg. An expert who studies the bewildering rules East African bureaucrats have imposed on what — on paper — is supposed to an open the Common Market told me there are nearly 1,000 of them governing just food trade in the EAC!

At that rate, if one adds up the regulations that get in the way of trade in the region, which include countless national legislations in the seven EAC partner states, not just the stuff in the EAC protocols, there could well be 10,000 of them.

During the week, the business press in Nairobi, quoting a government paper, reported that Kenya and Tanzania had resolved 23 problematic regulations that slowed down trade between the two countries since President Samia Suluhu Hassan visited Kenya in May 2021.

The non-tariff barriers (NTBs) ranged from rules on licences to quotas, embargoes, foreign exchange restrictions and import deposits. The reports made the point that a lot of progress had been made.

It can be difficult to imagine that there were still as many as 23 rules hindering trade between two East Afriacan Community economies, but that is if you haven’t heard the full story.

The resolution of those 23 squabbles brought the number of cumulative NTBs that were sorted and eliminated to 256 by end of June 2022.

Those 256, however, are not even the tip of the iceberg. An expert who studies the bewildering rules East African bureaucrats have imposed on what — on paper — is supposed to an open the Common Market told me there are nearly 1,000 of them governing just food trade in the EAC!

At that rate, if one adds up the regulations that get in the way of trade in the region, which include countless national legislations in the seven EAC partner states, not just the stuff in the EAC protocols, there could well be 10,000 of them.

 

That is 10,000 reasons why there isn’t free flow of trade in the EAC. To see the impact they are having, consider what happened when Kenya and Tanzania dealt with just those two dozen NTBs.

The reports noted that trade between Kenya and Tanzania crossed the Ksh100 billion (nearly $808 million) mark for the first time. Multiply that across the EAC and you are looking at billions of dollars left on the table because of NTBs.

If East Africa truly swung its markets open, there would be a lot of money swishing around, jobs galore for youth, and booming economies generating a lot of taxes for the politicians to feed on. It is a mystery that this national economic interest is still trumped by nationalism and small-minded protectionism.

With thousands of these trade-hampering regulations, for most business to be done, customs and other officials at the border have to behave like traffic police in most of East Africa. Most people don’t realise it, but the traffic rules in the region, going back to the colonial period, are a mountain. New rules have only piled on old ones.

There are thousands of rules, down to the colour of cars, ride height, tyre type, extinguishers, wattage of lights, tools that should be in a car, drivers’ vision, and so forth which, if enforced 100 percent, there would be no cars on East Africa’s roads.

Today, you will roll up to an EAC border point, and cross into the next country while eating roast maize or a fresh mango and no one will flag you down. If you read the rules in detail, that is not permissible. Happily, the rules are sometimes overcome by bewildering borders too.

Arua is a hectic city in northwest Uganda, situated strategically between the country’s borders with the Democratic Republic of Congo and South Sudan.

A few kilometres out of Arua, the official Uganda-DRC customs post is Vurra. It’s not as famous as Namanga, Busia, Malaba, Katuna/Gatuna, or Nimule, and no fancy one-stop border post has been built there yet.

However, it’s a fascinating little devil of a border. When you get past the boom gate on the Uganda side, you head into DRC. But that is only if you turn right. Despite having crossed the gate, if you turned left you would remain in Uganda. If you stay left, you are essentially governed by a different logic about the border, than if you if go right.

There is nothing stopping the Ugandan chap who turned left from turning right into DRC a kilometre in, or to hand a packet of maize flour to his Congolese mistress. Yet, somehow, an invisible order keeps most people in their right territorial lane.

Not always, though.

In 2021, Uganda closed the Vurra customs post for two months after Congolese youth crossed and erected a barrier and other structures 300 metres inside Uganda, claiming it was part of DRC territory. It didn’t make regional or international news. All attention was still on the Katuna (Gatuna in Rwanda) border that had been closed at that point for two years.

The matter was solved with little drama. When the border reopened, as we saw with Katuna/Gatuna last year, the people on both sides went into wild celebrations. The confusion of the Congolese youth about the border line, and the reluctance of the Ugandan authorities to use a hammer to resolve the “incursion,” was understandable.

Besides the big trucks carrying fuel and other goods to the DRC and South Sudan, the most common trade vehicles on the roads there are the lorries, young people perched on top, carrying Ugandan cattle to the borders. Some of them come from as far as western Uganda, ferrying cattle to South Sudan. It is a surprisingly orderly and big business. If the weird rules about livestock trade were enforced, perhaps not a single animal would cross the border.

And the local Congolese and South Sudan elite would miss out on their beef steak. Thank goodness for common sense, and some cross-border pragmatism.

It would be wonderful the day that spirit infected all of East African trade.

Charles Onyango-Obbo is a journalist, writer, and curator of the “Wall of Great Africans”. Twitter@cobbo3

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African Union must ensure Sudan civilians are protected, By Joyce Banda

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The war in Sudan presents the world – and Africa – with a test. This far, we have scored miserably. The international community has failed the people of Sudan. Collectively, we have chosen to systematically ignore and sacrifice the Sudanese people’s suffering in preference of our interests.

For 18 months, the Rapid Support Forces (RSF) and the Sudanese Armed Forces (SAF) have fought a pitiless conflict that has killed thousands, displaced millions, and triggered the world’s largest hunger crisis.

Crimes against humanity and war crimes have been committed by both parties to the conflict. Sexual and gender-based violence are at epidemic levels. The RSF has perpetrated a wave of ethnically motivated violence in Darfur. Starvation has been used as a weapon of war: The SAF has carried out airstrikes that deliberately target civilians and civilian infrastructure.

The plight of children is of deep concern to me. They have been killed, maimed, and forced to serve as soldiers. More than 14 million have been displaced, the world’s largest displacement of children. Millions more haven’t gone to school since the fighting broke out. Girls are at the highest risk of child marriage and gender-based violence. We are looking at a child protection crisis of frightful proportions.

In many of my international engagements, the women of Sudan have raised their concerns about the world’s non-commitment to bring about peace in Sudan.

I write with a simple message. We cannot delay any longer. The suffering cannot be allowed to continue or to become a secondary concern to the frustrating search for a political solution between the belligerents. The international community must come together and adopt urgent measures to protect Sudanese civilians.

Last month, the UN’s Independent International Fact-Finding Mission for Sudan released a report that described a horrific range of crimes committed by the RSF and SAF. The report makes for chilling reading. The UN investigators concluded that the gravity of its findings required a concerted plan to safeguard the lives of Sudanese people in the line of fire.

“Given the failure of the warring parties to spare civilians, an independent and impartial force with a mandate to safeguard civilians must be deployed without delay,” said Mohamed Chande Othman, chair of the Fact-Finding Mission and former Chief Justice of Tanzania.

We must respond to this call with urgency.

A special responsibility resides with the African Union, in particular the AU Commission, which received a request on June 21 from the AU Peace and Security Council (PSC) “to investigate and make recommendations to the PSC on practical measures to be undertaken for the protection of civilians.”

So far, we have heard nothing.

The time is now for the AU to act boldly and swiftly, even in the absence of a ceasefire, to advance robust civilian protection measures.

A physical protective presence, even one with a limited mandate, must be proposed, in line with the recommendation of the UN Fact-Finding Mission. The AU should press the parties to the conflict, particularly the Sudanese government, to invite the protective mission to enter Sudan to do its work free from interference.

The AU can recommend that the protection mission adopt targeted strategies operations, demarcated safe zones, and humanitarian corridors – to protect civilians and ensure safe, unhindered, and adequate access to humanitarian aid.

The protection mission mandate can include data gathering, monitoring, and early warning systems. It can play a role in ending the telecom blackout that has been a troubling feature of the war. The mission can support community-led efforts for self-protection, working closely with Sudan’s inspiring mutual-aid network of Emergency Response Rooms. It can engage and support localised peace efforts, contributing to community-level ceasefire and peacebuilding work.

I do not pretend that establishing a protection mission in Sudan will be easy. But the scale of Sudan’s crisis, the intransigence of the warring parties, and the clear and consistent demands from Sudanese civilians and civil society demand that we take action.

Many will be dismissive. It is true that numerous bureaucratic, institutional, and political obstacles stand in our way. But we must not be deterred.

Will we stand by as Sudan suffers mass atrocities, disease, famine, rape, mass displacement, and societal disintegration? Will we watch as the crisis in Africa’s third largest country spills outside of its borders and sets back the entire region?

Africa and the world have been given a test. I pray that we pass it.

Dr Joyce Banda is a former president of the Republic of Malawi.

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Economic policies must be local, By Lekan Sote

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With 32.70 per cent headline inflation, 40.20 per cent food inflation, and bread inflation of 45 per cent, all caused by the removal of subsidies from petrol and electricity, and the government’s policy of allowing market forces to determine the value of the Naira, Nigerians are reeling under high cost of living.

 

The observation by Obi Alfred Achebe of Onitsha, that “The wellbeing of the people has declined more steeply in the last months,” leads to doubts about the “Renewed Hope” slogan of President Bola Tinubu’s government that is perceived as extravagant, whilst asking Nigerians to be patient and wait for its unfolding economic policies to mature.

 

It doesn’t look as if it will abate soon, Adebayo Adelabu, Minister of Power, who seems ready to hike electricity tariffs again, recently argued that the N225 per kilowatt hour of electricity that Discos charge Band A premium customers is lower than the N750 and N950 respective costs of running privately-owned petrol or diesel generators.

 

While noting that 129 million, or 56 per cent of Nigerians are trapped below poverty line, the World Bank revealed that real per capita Gross Domestic Product, which disregards the service industry component, is yet to recover from the pre-2016 economic depression under the government of Muhammadu Buhari.

 

This has led many to begin to doubt the government’s World Bank and International Monetary Fund-inspired neo-liberal economic policies that seem to have further impoverished poor Nigerians, practically eliminated the middle class, and is making the rich also cry.

 

Yet the World Bank, which is not letting up, recently pontificated that “previous domestic policy missteps (based mainly on its own advice) are compounding the shocks of rising inflation (that is) eroding the purchasing power of the people… and this policy is pushing many (citizens) into poverty.”

 

It zeroes in by asking Nigeria to stay the gruelling course, which Ibukun Omole thinks “is nothing more than a manifesto for exploitation… a blatant attempt to continue the cycle of exploitation… a tool of imperialism, promoting the same policies that have kept Nigeria under the thumb of… neocolonial agenda for decades.”

 

When Indermilt Gill, Senior Vice President of the World Bank, told the 30th Summit of Nigeria’s Economic Summit Group, in Abuja, Federal Capital Territory, that Nigerians may have to endure the harrowing economic conditions for another 10 to 15 years, attendees murmured but didn’t walk out on him because of Nigerian’s tradition of politeness to guests.

 

Governor Bala Muhammed of Bauchi State, who agrees with the World Bank that “purchasing power has dwindled,” also thinks that “these (World Bank-inspired) policies, usually handed down by arm-twisting compulsions, are not working.”

 

What seems to be trending now is the suggestion that because these neo-liberal policies do not seem to be helping the economy and the citizens of Nigeria, at least in the short term, it would be better to think up homegrown solutions to Nigeria’s economic problems.

 

Late Speaker of America’s House of Representatives, Tip O’Neill, is quoted to have quipped that, at the end of the day, “All politics is local.” He may have come to that conclusion after observing that it takes the locals in a community to know what is best for them.

 

This aphorism must apply to economics, a field of study that is derived from sociology, which is the study of the way of life of a people. Proof of this is in “The Wealth of Nations,” written by Adam Smith, who is regarded as the first scholar of economics.

 

In his Introduction to the Penguin Classics edition of “The Wealth of Nations,” Andrew Skinner observes: “Adam Smith was undoubtedly the remarkable product of a remarkable age and one whose writing clearly reflects the intellectual, social and economic conditions of the period.”

 

To drive the point home that Smith’s book was written for his people and his time, Skinner reiterated that “the general ‘philosophy,’ which it contained was so thoroughly in accord with the aspirations and circumstances of his age.”

 

In a Freudian slip of the Darwinist realities of the Industrial Revolution that birthed individualism, capitalism, and global trade, Smith averred that “How selfish soever man may be supposed, there are evidently some principle in his nature which interest him in the fortune of others, and render their happiness necessary to him, though he derives nothing from it, except the pleasures of seeing it.”

 

And, he let it slip that capitalism is for the advantage of Europe when he confessed that “Europe, by not leaving things at perfect liberty (the so-called Invisible Hand), occasions… inequities,” by “restraining the competition in some trades to a smaller number… increasing it in others beyond what it naturally would be… and… free circulation of labour (or expertise) and stocks (goods) both from employment to employment and from place to place!”

 

Policymakers, who think Bretton Woods institutions will advise policies to replicate the success of the Euro-American economy in Nigeria must be daydreaming. After advising elimination of subsidy, as global best practices that reflect market forces, they failed to suggest that Nigeria’s N70,000 monthly minimum wage, neither reflects the realities of the global marketplace, nor Section 16(2,d) of Nigeria’s Constitution, which suggests a “reasonable national minimum living wage… for all citizens.”

 

After Alex Sienart, World Bank’s lead economist in Nigeria, pointed out that the wage increase will directly affect the lives of only 4.1 per cent of Nigerians, he suggested that Nigeria needed more productive jobs to reduce poverty. But he neither explained “productive jobs,” nor suggested how to create them.

 

In admitting past wrong economic policies that the World Bank recommended for Nigeria, its former President, Jim Yong Kim, confessed, “I think the World Bank has to take responsibility for having emphasized hard infrastructure –roads, rails, energy– for a long time…

 

“There is still the bias that says we will invest in hard infrastructure, and then we grow rich, (and) we will have enough money to invest in health and education. (But) we are now saying that’s the wrong approach, that you’ve got to start investing in your people.”

 

Kim is a Korean-American physician, health expert, and anthropologist, whose Harvard University and Brown University Ivy League background shapes his decidedly “Pax American” worldview of America’s dominance of the world economy.

 

Despite his do-gooder posturing, his diagnoses and prescriptions still did not quite address the root cause of Nigeria’s economic woes, nor provide any solutions. They were mere diversions that stopped short of the way forward.

 

He should have advocated for the massive accumulation of capital and investments in the local production of manufacturing machinery, industrial spare parts, and raw materials—items that are currently imported, weakening Nigeria’s trade balance.

 

He should have pushed for the completion of Ajaokuta Steel Mill and helped to line up investors with managerial, technical, and financial competence to salvage Nigeria’s electricity sector, whose poor run has been described by Dr. Akinwumi Adesina, President of Africa Development Bank, as “killing Nigerian industries.”

 

He could have assembled consultants to accelerate the conversion of Nigeria’s commuter vehicles to Compressed Natural Gas and get banks of the metropolitan economies, that hold Nigeria’s foreign reserves in their vaults, to invest their low-interest funds into Nigeria’s agriculture— so that Nigeria will no longer import foodstuffs.

 

Nigerians need homegrown solutions to their economic woes.

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